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Renewable Energy (Electricity) Bill 2000

Part 14 Renewable Energy Regulator and Office of the Renewable Energy Regulator

Division 1 Renewable Energy Regulator

142   Renewable Energy Regulator

             (1)  There is to be a Regulator.

             (2)  Whenever a vacancy occurs in the office of Regulator, an appointment must be made to the office as soon as practicable.

143   Appointment of Regulator

             (1)  The Regulator is to be appointed by the Minister by written instrument.

             (2)  The Regulator holds office for the period specified in the instrument of appointment. The period must not exceed 7 years.

             (3)  The Regulator holds office on a full-time basis.

             (4)  The Regulator must not engage in paid employment outside the duties of the Regulator’s office without the Minister’s approval.

             (5)  For the purposes of the Superannuation Act 1976 and the Trust Deed under the Superannuation Act 1990 , the minimum retiring age for the Regulator is 55. However, if the instrument of appointment specifies a younger age, then the younger age applies.

144   Remuneration of Regulator

             (1)  The Regulator is to be paid the remuneration that is determined by the Remuneration Tribunal. However, if no determination of that remuneration by the Tribunal is in operation, the Regulator is to be paid the remuneration that is prescribed by the regulations.

             (2)  The Regulator is to be paid such allowances as are prescribed by the regulations.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973 .

145   Recreation leave etc.

             (1)  The Regulator has such recreation leave entitlements as are determined by the Remuneration Tribunal.

             (2)  The Minister may grant the Regulator other leave of absence on such terms and conditions as the Minister determines. The terms and conditions may include terms and conditions relating to remuneration.

146   Resignation

                   The Regulator may resign by giving the Minister a signed resignation notice.

147   Removal from office etc.

             (1)  The Minister may terminate the appointment of the Regulator for misbehaviour or physical or mental incapacity.

             (2)  The Minister may also terminate the appointment of the Regulator if:

                     (a)  the Regulator is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

                     (b)  the Regulator engages, except with the Minister’s approval, in paid employment outside the duties of his or her office.

             (3)  The Minister must terminate the appointment of the Regulator if the Regulator:

                     (a)  becomes bankrupt; or

                     (b)  applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

                     (c)  compounds with his or her creditors; or

                     (d)  makes an assignment of his or her remuneration for the benefit of his or her creditors.

             (4)  If the Regulator is:

                     (a)  an eligible employee for the purposes of the Superannuation Act 1976 ; or

                     (b)  a member of the superannuation scheme established by the Trust Deed under the Superannuation Act 1990 ;

the Minister may, with the consent of the Regulator, retire the Regulator from office on the ground of physical or mental incapacity.

             (5)  For the purposes of the Superannuation Act 1976 , the Regulator is taken to have been retired from office on the ground of invalidity if:

                     (a)  the Regulator is removed or retired from office on the ground of physical or mental incapacity; and

                     (b)  the CSS Board gives a certificate under section 54C of the Superannuation Act 1976 .

             (6)  For the purposes of the Superannuation Act 1990 , the Regulator is taken to have been retired from office on the ground of invalidity if:

                     (a)  the Regulator is removed or retired from office on the ground of physical or mental incapacity; and

                     (b)  the PSS Board gives a certificate under section 13 of the Superannuation Act 1990 .

148   Acting appointment

             (1)  The Minister may appoint a person to act as Regulator:

                     (a)  if there is a vacancy in the office of Regulator, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the Regulator is absent from duty or from Australia or is, for any reason, unable to perform the duties of the office.

             (2)  Anything done by or in relation to a person purporting to act under this section is not invalid merely because:

                     (a)  the occasion for the appointment had not arisen; or

                     (b)  there was a defect or irregularity in connection with the appointment; or

                     (c)  the appointment had ceased to have effect; or

                     (d)  the occasion to act had not arisen or had ceased.

             (3)  A person acting under this section is entitled to the same remuneration and allowances as apply to the office of Regulator. The Consolidated Revenue Fund is appropriated for the payment of the remuneration and allowances.

Note:          Section 33A of the Acts Interpretation Act 1901 has rules that apply to acting appointments.



 

Division 2 Office of the Renewable Energy Regulator

149   Establishment

             (1)  There is established an Office called the Office of the Renewable Energy Regulator.

             (2)  The Office of the Renewable Energy Regulator consists of the Regulator and the staff referred to in section 151.

150   Function

                   The function of the Office of the Renewable Energy Regulator is to assist the Regulator in performing the Regulator’s functions.

151   Staff

             (1)  The staff of the Office of the Renewable Energy Regulator are to be persons engaged under the Public Service Act 1999 .

Note:          Under section 155, the Regulator may also engage persons under contract.

             (2)  For the purposes of the Public Service Act 1999 :

                     (a)  the Regulator and the APS employees assisting the Regulator together constitute a Statutory Agency; and

                     (b)  the Regulator is the Head of that Statutory Agency.